Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

(1) S.K.M. HAIDER … Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENT D.D 14/02/2011

Employment Law – Promotion Denial – Appellant denied promotion to the post of Ticket Collector due to not meeting Class B-2 medical fitness standards – Appellant had passed written and viva-voce tests and was found fit in Class C-2 – Supreme Court holds that the categorization of Ticket Collector under Class B-2 is irrational and lacks nexus with the objectives set out in Para 510 of IRMM,...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1630 OF 2011 (ARISING OUT OF SLP (CIVIL) NO. 35013 OF 2009) Docid 2011 LEJ Civil SC 496076

(2) SENIOR LAW MANAGER, INDIAN OIL CORPORATION LTD. AND ANOTHER … Vs. GURU SHAKTI SINGH AND ANOTHER …RESPONDENT(S) D.D 14/02/2011

Administrative Law – Selection Process – Appellants (IOC) conducted interviews for LPG distributorship – Panel of candidates prepared, first respondent ranked first – Complaint filed by second-ranked candidate alleging irregularities in awarding marks – IOC investigated and found merit in complaints, cancelled selection process – High Court quashed IOC's decision, directed issuanc...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1649 OF 2011 (ARISING OUT OF SLP (C) NO. 13480 OF 2007) Docid 2011 LEJ Civil SC 136955

(3) BUDHADEV KARMASKAR … Vs. STATE OF WEST BENGAL …RESPONDENT D.D 14/02/2011

Criminal Law – Murder of Sex Worker – Appellant convicted for the murder of a sex worker – Trial court's conviction upheld by High Court – Supreme Court emphasizes that sex workers are entitled to a life of dignity under Article 21 of the Constitution – Murder described as brutal, with the appellant repeatedly bashing the victim's head against the wall and floor – Court stres...

REPORTABLE # CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 135 OF 2010 Docid 2011 LEJ Crim SC 917249

(4) S.K.M. HAIDER … Vs. UNION OF INDIA (UOI) AND OTHERS …RESPONDENT D.D 14/02/2011

Employment Law – Promotion Denial – Appellant denied promotion to the post of Ticket Collector due to not meeting Class B-2 medical fitness standards – Appellant had passed written and viva-voce tests and was found fit in Class C-2 – Supreme Court holds that the categorization of Ticket Collector under Class B-2 is irrational and lacks nexus with the objectives set out in Para 510 of IRMM,...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1630 OF 2011 (ARISING OUT OF SLP (CIVIL) NO. 35013 OF 2009) Docid 2011 LEJ Civil SC 847958

(5) JARNAIL SINGH … Vs. STATE OF PUNJAB …RESPONDENT D.D 11/02/2011

Narcotics – Possession and Search – Appellant convicted for possession of opium – Appellant argued false implication, non-compliance with Section 50 NDPS Act, and delay in sending sample for chemical examination – Supreme Court upheld conviction – Evidence supported police version of events, procedural safeguards complied with, and delay in sending sample not sufficient to vitiate convic...

REPORTABLE # CRIMINAL APPEAL NO. 1960 OF 2009 Docid 2011 LEJ Crim SC 534385

(6) JARNAIL SINGH … Vs. STATE OF PUNJAB …RESPONDENT D.D 11/02/2011

Narcotics – Possession and Search – Appellant convicted for possession of opium – Appellant argued false implication, non-compliance with Section 50 NDPS Act, and delay in sending sample for chemical examination – Supreme Court upheld conviction – Evidence supported police version of events, procedural safeguards complied with, and delay in sending sample not sufficient to vitiate convic...

REPORTABLE # CRIMINAL APPEAL NO. 1960 OF 2009 Docid 2011 LEJ Crim SC 604210

(7) RAVINDER RAJ … Vs. COMPETENT MOTORS CO. PVT. LTD. AND ANOTHER …RESPONDENT D.D 10/02/2011

Consumer Protection – Increased Excise Duty – Appellant booked a Maruti Car-800 and paid the full amount – Delivery delayed due to reasons not attributable to the appellant – Price of vehicle increased due to hike in excise duty – National Consumer Commission held appellant liable to pay increased price – Supreme Court upheld National Commission's decision [Paras 1-15].Sales Contr...

REPORTABLE # CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NOS. 10364 OF 2006 AND 9739-9740 OF 2009 Docid 2011 LEJ Civil SC 179381

(8) PAWAN PRATAP SINGH AND OTHERS … Vs. REEVAN SINGH AND OTHERS …RESPONDENT(S) D.D 10/02/2011

Service Law – Seniority – Inter Se Seniority – Appellants appointed as Deputy Jailors in 1991 through the Selection Commission – Respondents appointed in 1994 through UPPSC based on selection process initiated in 1987 – High Court held respondents senior – Supreme Court reversed – Held 1991 appointees senior to 1994 appointees based on date of substantive appointment [Paras 1-33].Rul...

REPORTABLE # CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 9906, 9907, AND 9908 OF 2003 Docid 2011 LEJ Civil SC 538994

(9) THE COMMISSIONER OF CENTRAL EXCISE VISAKHAPATNAM … Vs. MEHTA AND CO. …RESPONDENT D.D 10/02/2011

Excise Duty – Limitation – Show cause notice issued to respondent on 15.05.2000 for excise duty evasion – Tribunal held demand time-barred – Supreme Court reversed – Found intention to evade excise duty, invoking proviso to Section 11A of the Act – Cause of action date attributed to 1997; notice within five-year limitation period [Paras 1-24].Immovable vs. Movable Property – Items fa...

REPORTABLE # CIVIL APPEAL NO. 1090 OF 2009 Docid 2011 LEJ Civil SC 923721